[Durgical](https://durgical.com/en/) › [DurgiPedia](https://durgical.com/en/durgipedia/) › [Medical ethics](https://durgical.com/en/medical-ethics/) › [Sexual and reproductive health](https://durgical.com/en/medical-ethics/areas/reproductive/) › Sentencia C-355 de 2006: the three grounds for abortion # Sentencia C-355 de 2006: the three grounds for abortion - Court ruling In 2006 the Constitutional Court ruled that abortion is not a crime in three cases: risk to the woman, severe fetal anomaly, or rape. Updated Nov 5, 2026 ## Key points - Date: 10 May 2006. Reporting justices: Jaime Araújo Rentería and Clara Inés Vargas Hernández. - Health ground: danger to the woman's life or health, certified by a doctor. - Anomaly ground: a severe fetal anomaly that makes its life unviable, certified by a doctor. - Violence ground: pregnancy from non-consensual or abusive intercourse or sexual act, non-consensual insemination or embryo transfer, or incest, duly reported. - Conscientious objection: natural persons only; clinics and hospitals cannot object; the objector refers at once. ## What it is In Ruling C-355 of 2006, the Constitutional Court held that voluntary termination of pregnancy (IVE) is not a crime, with the woman's consent, in three cases: when the pregnancy endangers her life or health, when a fetal anomaly makes the fetus's life unviable, and when the pregnancy results from rape, non-consensual insemination or embryo transfer, or incest. It also held that conscientious objection is individual, not institutional, and that the objector must refer the woman. ## What the Court decided - It conditionally upheld art. 122 of the Penal Code (Law 599 of 2000): there is no crime of abortion, with the woman's consent, in the three grounds. - Ground 1: continuing the pregnancy endangers the woman's life or health, certified by a doctor. - Ground 2: a severe fetal anomaly that makes its life unviable, certified by a doctor. - Ground 3: the pregnancy results from duly reported non-consensual or abusive intercourse or sexual act, non-consensual artificial insemination or transfer of a fertilised egg, or incest. - Conscientious objection: only natural persons may invoke it, not legal persons or the State; a doctor who objects must refer the woman at once to another professional who can perform the procedure. ## Background - Before 2006 the Penal Code punished abortion in every case. - The challenge asked the Court to strike down the total ban; the Court found it disproportionate in these three situations. ## In clinical practice - Resolution 051 of 2023 (art. 7) accepts that the risk to life or health may be certified by a doctor or a psychologist. - The three grounds still apply after week 24 (Ruling C-055 of 2022). - Requiring extra conditions, such as third-party authorisations or boards that delay care, is a prohibited barrier. ## Status and official text - Official text checked on 2026-11-05 at corteconstitucional.gov.co (relatoría). - Ruling C-055 of 2022 widened the framework: abortion is punishable only after week 24, and the three C-355 grounds remain with no time limit. - Ministry of Health Resolution 051 of 2023 adopted the single regulation of IVE care, in line with Rulings C-355 of 2006, SU-096 of 2018 and C-055 of 2022. - Ruling T-388 of 2009 developed the rules on conscientious objection in IVE. ## Test yourself Think of the answer, then tap the question to see it. ## What are the three grounds of Ruling C-355 of 2006? Danger to the woman's life or health; a severe fetal anomaly that makes its life unviable; and pregnancy from rape, non-consensual insemination or transfer, or incest. ## Can a hospital declare itself a conscientious objector to IVE under C-355 of 2006? No. Conscientious objection is a right of natural persons, not of legal persons. ## What must a doctor who objects to an IVE on grounds of conscience do? Refer the woman at once to another professional who can perform the procedure. ## Which article of the Penal Code did Ruling C-355 of 2006 review? Article 122 of Law 599 of 2000, which defines the crime of abortion. [Add to my cards (4)](https://durgical.app/estudiar/?add=/en/medical-ethics/sentencia-c-355-de-2006-the-three-grounds-for-abortion/) ## Connections ## Related 4 - [Sentencia C-055 de 2022: abortion up to week 24](https://durgical.com/en/medical-ethics/sentencia-c-055-de-2022-abortion-up-to-week-24/) - [Conscientious objection in health care](https://durgical.com/en/medical-ethics/conscientious-objection-in-health-care/) - [Consent in minors: progressive autonomy in Colombian law](https://durgical.com/en/medical-ethics/consent-in-minors-progressive-autonomy-in-colombian-law/) - [Professional secrecy and confidentiality](https://durgical.com/en/medical-ethics/professional-secrecy-and-confidentiality/) [← All of medical ethics](https://durgical.com/en/medical-ethics/) Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal. Sources: [Sentencia C-355 de 2006](https://www.corteconstitucional.gov.co/relatoria/2006/C-355-06.htm) (Corte Constitucional de Colombia, 2006); [Resolución 051 de 2023, regulación única para la atención integral en salud frente a la interrupción voluntaria del embarazo](https://www.minsalud.gov.co/sites/rid/Lists/BibliotecaDigital/RIDE/DE/DIJ/resolucion-051-de-2023.pdf) (Ministerio de Salud y Protección Social, 2023). ## **Spotted a mistake?** We are always improving for the community. Tell us what is wrong and our team will review it. Report a mistake Representative model, for educational purposes only. --- Source: https://durgical.com/en/medical-ethics/sentencia-c-355-de-2006-the-three-grounds-for-abortion/ License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). 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